behind the veil of philoxenia: the politics of immigration detention in greece
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8/12/2019 Behind the veil of philoxenia: The politics of immigration detention in Greece
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DOI: 10.1177/14773708134951292013 10: 725European Journal of Criminology
Leonidas K CheliotisBehind the veil of philoxenia: The politics of immigration detention in Greece
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8/12/2019 Behind the veil of philoxenia: The politics of immigration detention in Greece
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European Journal of Criminology10(6) 725745
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DOI: 10.1177/1477370813495129
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Behind the veil ofphiloxenia: The politicsof immigration detentionin Greece
Leonidas K CheliotisUniversity of Edinburgh, UK
AbstractThis article sets out to summarise the policies, practices and experiences of immigration detention
in contemporary Greece, as well as outlining how they have been critiqued domestically and
internationally. The article proceeds to address the ways in which the Greek state has reacted
to criticisms and pressures for reform, especially from abroad. It is argued that neither domestic
nor international interventions have succeeded in bringing about substantive progressive change
in the Greek immigration detention system. Rather, Greek state authorities have systematically
neutralised criticisms by employing an array of rhetorical techniques, most notably through
evocation of philoxenia (broadly meaning hospitality to foreigners and strangers more generally)
as a natural trait common to all Greeks. In addition to highlighting the dubious and paradoxical
dimensions of the rhetorical defences deployed by the state in Greece, particularly concerning
its discourse of philoxenia, the article goes on to discuss the main socio-political functions that
have subtly been served inside the countrys borders through maintenance of deplorable policies
and practices of immigration detention, including the symbolic management of public anxieties
in accordance with what may be termed the more eligibility principle. In pointing to these
functions, the article helps to explain why the Greek state persists in making use of rhetoric that
is blatantly indefensible and bound to attract further disapprobation.
KeywordsIrregular migration, immigration detention, Greece, state responses to criticism, philoxenia,
more eligibility principle
Despite variation in the ways in which so-called host countries in Europe have
responded to migration flows over recent decades, there is no doubt that immigration is
a hot political issue across the continent, both within individual nation-states and at
Corresponding author:
Leonidas K Cheliotis, School of Law, University of Edinburgh, 15 Buccleuch Place, Edinburgh, EH8 9JS, UK.
Email: [email protected]
EUC10610.1177/1477370813495129European Journal of CriminologyCheliotis2013
Special section article
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726 European Journal of Criminology 10(6)
European Union level, particularly with reference to irregular migrants. But few, if any,
countries in Europe have concerned themselves with immigration and have found them-
selves at the epicentre of pertinent international attention as much as Greece. In good
part, this has been due to the fact that Greeces extensive coastal and mainland borders
with Turkey are the main point of entry for irregular migration in the EU, hence also theexceptionally large numbers of migrants entering the country clandestinely. Indeed,
although irregular migration into the EU as a whole has dropped in recent years, entries
into Greece have grown to constitute the large majority of detected illegal border cross-
ings into the continent (see e.g. FRONTEX, 2010). Additionally, however, immigration
in Greece has increasingly been debated in terms of how immigrants are treated in the
country, with several domestic and especially international actors levelling heavy and
sustained criticism against the Greek state for what they commonly describe as its unjust,
inhumane and degrading policies and practices towards immigrant populations. Central
to this debate have been the excessive use and harsh conditions of administrative deten-tion of irregular migrants in Greece.
Bringing together material from a range of sources in both Greek and English, from
official documentation by government and independent actors to media reports and
scholarly research, this article sets out to offer a systematic summary of the policies,
practices and experiences of immigration detention in Greece, as well as outlining how
they have been critiqued domestically and internationally. Against this background, the
article proceeds to shift the focus to the ways in which the Greek state has reacted to criti-
cisms and pressures for reform, especially from abroad. State reactions to such interven-
tions have remained relatively understudied to date, whether in relation to Greece orother jurisdictions. Scholarly research has been mainly preoccupied either with the scope
and validity of criticisms as such or the specific structure and operations of the institu-
tions that raise them (e.g. inspectorate and judicial bodies). Much less is known about the
nature of reactions from the states concerned, the forces that determine them and their
respective influence on the effectiveness of censures (for partial exceptions see
Cornelisse, 2010; De Genova and Peutz, 2010; Wilsher, 2012).1Greece readily lends
itself as a case study through which to advance understanding of these issues, given both
the variety and intensity of criticisms the country has received of late.
This article finds that neither domestic nor international pressure have succeeded inbringing about substantive progressive change in the Greek immigration detention sys-
tem. As is shown, Greek state authorities have systematically neutralised criticisms by
employing an array of rhetorical techniques, most notably through evocation of national
heritage in the form of both direct and indirect claims that Greeks are the philoxenous
people par excellence, descended straight from the ancient Hellenes of the days of
Xenios Zeus, the god of hospitality to foreigners and strangers more generally. In addi-
tion to highlighting the dubious and paradoxical dimensions of the rhetorical defences
deployed by the state in Greece, particularly concerning its discourse of philoxenia, the
article goes on to briefly address the main socio-political functions that have subtly been
served inside the countrys borders through maintenance of unjust and inhumane policies
and practices of immigration detention. These functions have ranged from facilitating
the sustenance of a vast exploitable labour pool, in line with what is referred to in perti-
nent Anglophone literature as the less eligibility principle, to allowing for the symbolic
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Cheliotis 727
management of a variety of discontents amongst average Greek citizens, including by
compensating for their spreading pains of downward mobility and falling living stand-
ards since the financial crisis hit Greece in 2009, in accordance with what this article
terms the more eligibility principle. Once one begins to grasp these functions, one has
already gone a long way towards explaining why the Greek state stubbornly persists inmaking use of rhetoric that is blatantly indefensible and bound to attract further
disapprobation.
Irregular migration in contemporary Greece
Greece first became a country of net immigration in the 1990s, following the fall of com-
munist regimes in Eastern Europe and the Balkans. Despite variations in terms of size
and composition over the years, the population of migrants entering Greece illegally has
grown overall to constitute a large part of the total population of immigrants in the coun-try. In 2011, for example, out of an estimated total of 887,658 immigrants in Greece
(itself amounting to around 8% of the countrys total population), close to half are
believed to have been unregistered, with a substantial decrease recorded in the propor-
tion of irregular migrants from Albania and a concomitant increase in the proportion of
Asians and Africans (see Triandafyllidou, 2012; also Maroukis, 2012a, 2012b).
What has made Greece such a common destination for irregular migrants is, on one
hand, her extensive land and coastal borders with several migrant source countries (e.g.
Turkey, Albania), which also renders Greece the main gateway for irregular migration to
the European Union, and, on the other hand, her large informal labour market (includinge.g. agriculture, the construction industry, and domestic services), which in practical
terms has readily absorbed unskilled and semi-skilled workers without papers (see fur-
ther Lawrence, 2005; Papadopoulou-Kourkoula, 2008). Opportunities for long-term set-
tlement, however, are few and far between in Greece, not least due to state reluctance to
recognise the status and address the needs of asylum seekers and irregular migrants.
Although, for example, the volume of asylum applications to Greece has grown to be
amongst the highest in Europe, the country has maintained one of the lowest rates of
asylum recognition in the continent, having long avoided putting in place an efficient and
effective system for processing applications (CPT, 2011; Karamanidou and Schuster,2011). Similarly, whilst irregular migrants are overrepresented in Greece amongst the
poorest and most vulnerable, there is no clear legal basis for them to submit claims for
emergency social assistance (European Committee of Social Rights, 2010; see further
Cheliotis and Xenakis, 2010).
Immigrants prospects for integration in Greek society are further undermined by the
treatment they receive by the police. Immigrant communities in Greece are systemati-
cally subject to over-policing, including a greater likelihood of being stopped and
searched and so-called sweep or cleaning operations launched in the name of fighting
illegal immigration, drug-related criminality and prostitution (see further Cheliotis and
Xenakis, 2011). Practices of police violence against immigrants have also been reported
with notable regularity, from the unwarranted use of force and the deliberate destruction
of residence permits during routine identity checks to physical maltreatment in police
stations (see e.g. Amnesty International, 2012a). Police authorities have shown
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728 European Journal of Criminology 10(6)
remarkable restraint, on the other hand, in cases where members of the neo-fascistic
party Chrysi Avyi (Golden Dawn) have perpetrated open attacks on immigrants and their
property (Xenakis, 2012), and where they have issued threats against activist organisa-
tions that offer assistance to immigrants in need (see Eleftherotypia, 8 February 2013).
More generally, according to data provided by Greek and international NGOs, racistviolence has been a serious and rapidly growing issue in the country (Xenakis and
Cheliotis, 2013a). It comes as no surprise that the number of immigrants who wish to
leave Greece has reportedly been on the rise (although this has also been due to the con-
traction of employment opportunities in key sectors of the informal labour market, such
as the construction industry, amidst conditions of financial crisis since 2009; BBC, 17
April 2011, 20 February 2012).
An accumulating throng of reports from domestic and especially international media
and organisations have strongly condemned Greece for the unjust and harsh treatment
immigrants receive in the country, as well as for the continuing failure of the Greek stateto tackle the issue (see e.g. Amnesty International, 2012a; Human Rights Watch, 2013a;
UNHCHR, 3 December 2012). This criticism, described by segments of the Greek press
in such terms as international ridicule (To Vima, 20 July 2012) and repeated slaps
(Kyriakatiki Eleftherotypia, 3 March 2013), has not yet brought about substantial reme-
dial action on the part of the Greek state and its authorities, who have rather chosen to
erect walls of denial.
As recently as March 2013, the Greek government reportedly tried to exert diplomatic
pressure upon the US State Department to exclude critical reference to Greece from the
introduction to its annual human rights report (To Vima, 16 March 2013). When criti-cisms come to light, as they increasingly do, they are typically dealt with by the Greek
state, whether directly or indirectly, through various rhetorical defences: from rationalis-
ing the type of treatment immigrants experience in Greece by emphasising the criminal
and other dangers their presence allegedly creates (a technique aptly captured in the all-
too-common phrase I am not a racist, but), to explaining away failure to address the
problem by reference to the exceptionally large number of irregular migrants in Greece
and a lack of financial resources, especially since the onset of the financial crisis in the
country (see e.g. To Vima, 19 November 2012), to undermining the extent of the problem
(see e.g. To Vima, 21 January 2013) or even denying the very possibility that racism canmanifest itself amongst Greek people. As the Greek prime minister himself put the latter
point in a highly publicised speech he gave in March 2013, Greeks have been against
racism from the depths of centuries, because they are both culturally and biologically
predisposed to oppose it; because their tradition does not allow them [to do otherwise]
and because there are very powerful antibodies in our DNA, in our gene, which fight
that virus (Prime Ministers Press Office, 17 March 2013).
It is little wonder that harsh state policies towards immigrants have not only continued
unabated, but have also intensified and expanded in recent months and years. In 2012,
for instance, a barbed-wire fence was constructed along a section (12.5 km) of Greeces
mainland borders with Turkey in the prefecture of Evros in a bid to prevent irregular
immigration. Similar developments have taken place inside Greece, although often under
the familiar banner of Greek philoxenia. Most notably, an unprecedentedly massive
police operation to capture irregular migrants was launched around the country in 2012,
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during which several thousands of suspects were temporarily detained, and many of
them, including tourists, were also allegedly subjected to physical abuse by officers
(BBC, 10 January 2013). The operation was named after the ancient Greek god of hospi-
tality, Xenios Zeus, and has been portrayed by the Minister of Public Order and Citizen
Protection, Nikos Dendias, as an effort to restore the human rights of illegal immigrants(SKAI, 6 August 2012), if also, ironically, as part of a broader strategy of deterrence,
aimed at turning Greece into an unfriendly destination for those considering entering or
staying in the country clandestinely (SKAI, 4 October 2012).2
The most controversial developments, however, have occurred on the front of immi-
gration detention, even though Greek state authorities have once more responded with
denial to criticism from inside the country and abroad.
Immigration detention in GreeceGreek law formally provides for the administrative detention of irregular migrants from
non-EU (or third) countries as part of a process whereby their deportation can be
organised. At the time of writing, following a series of extensions of the legal maximum
duration of administrative detention, irregular migrants may be detained in the country
for a period of up to 18 months, until their eventual deportation becomes possible.
Similar to pertinent international legislation, Greek law stipulates that administrative
detention pending deportation should be used only when there is a risk that the migrant
in question might abscond or pose a danger to public safety. In practice, however, Greek
authorities enforce detention as a matter of course, automatically and indiscriminately,which raises issues of arbitrariness (ICJ and ECRE, 2013; see also Amnesty International,
2012c; MSF, 2010a; UNHCHR, 2013). As far as asylum seekers are concerned, they
must remain in detention until a decision is reached on their application. Yet procedural
delays are typically so excessive that asylum seekers whose deportation is deemed
unfeasible are often essentially forced to withdraw their application in order to expedite
their release (see further MSF, 2010a), whilst the long legal maximum duration of
detention for asylum seekers, also raised to 18 months for those who lodge an asylum
application once detained, is perceived by many as a means of dissuading them from
seeking international protection in the first instance (UNHCHR, 2013; see also AmnestyInternational, 2010, 2012c).
Upon arrest, irregular migrants are routinely subject to a temporary detention order
that is issued by local police authorities and does not need to be approved by a judge.
Temporary detention may last up to three days, during which time an administrative
deportation order must be issued in order for detention to continue further without con-
travening pertinent legislation. Indeed, the deportation order is usually accompanied by
an order for the continuation of detention. Most detention orders only briefly state that
the individual concerned is considered to be at risk of absconding or poses a danger to
public safety, but they provide no evidence or additional details in either of these respects.
Although practices may vary from one locality to another, but also according to the
nationality of the apprehended migrant, the vast majority of migrants are held in deten-
tion beyond the initial three-day period. Not all remain in detention until its legal maxi-
mum duration is reached, because, for example, preparations for deportation are
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completed, or, conversely, because deportation is deemed unfeasible and the migrant has
to be released. Detainees who have applied for asylum and whose applications are still
pending at the time of release, are usually issued a deportation order and a note to leave
the country within 30 days, as if they had never lodged an asylum application (see further
Amnesty International, 2010, 2012c; FRA, 2011; Pro Asyl, 2012).The administrative detention infrastructure in Greece includes two main types of
facilities: first, police and border guard stations, which are meant to be used for the pur-
poses of short-term detention and screening of apprehended migrants; and second, deten-
tion centres, which are controversially referred to in official discourse as philoxenia
centres and are meant to hold foreign nationals awaiting deportation. Due largely to
reasons of overcrowding, these distinctions are hardly observed in practice, in that police
and border guard stations are commonly used to detain migrants for extended periods of
time (see e.g. Pro Asyl, 2012). There were six detention centres in place at the time of
writing, their combined operational capacity being officially around 5,000, with plansseemingly under way to add new centres and construct extra accommodation at existing
sites so as to quadruple the systems overall capacity within 2013 (Ios, 9 December
2012). These plans are not surprising given, on one hand, the repeated extensions to the
legal maximum duration of immigration detention in Greece, and, on the other hand,
various reports indicating that the population of immigrant detainees in the country has
undergone a rapid rise over recent years and that the total annual numbers of irregular
migrants held in particular detention centres (and especially in the centre of Fylakio in
Northern Greece) are already well above the official operational capacity of the Greek
immigration detention system as a whole (see e.g. Government of Greece, 2012; ProAsyl, 2007). The vast majority of detainees are kept in the centres of Fylakio, Amygdaleza
and Corinth, but further relevant information from official sources has long been una-
vailable or unreliable.
It should be noted here that irregular migrants may also be held in conventional pris-
ons. Over the last two decades, non-Greeks have grown to outnumber Greeks behind
bars (amounting, for example, to 7875, or 60%, out of a total of 12,912 pre-trial and
convicted prisoners on 1 January 2013), with a significant and increasing proportion of
non-Greeks half of them by 2012, for example being imprisoned in connection with
illegal entry into, departure from, or stay in the country. Albeit a crucial aspect of thebroader phenomenon of punitiveness against irregular migrants in Greece, their deten-
tion in conventional prisons is not elaborated in this article for reasons of space (but see
Cheliotis, in progress).3
Conditions of immigration detention4
Unlike with trends in the use of immigration detention as such, abundant solid evidence
has been publicly revealed, if not by the Greek state itself, on the conditions under which
irregular migrants are detained in Greece.
A wealth of reports produced by domestic and international mass media and organi-
sations, but also a growing body of pertinent scholarship, have demonstrated that
immigration detention in the country entails lengthy exposure to conditions that
amount to inhuman and degrading treatment. Immigration detention, moreover,
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extends to particularly vulnerable groups such as pregnant women, seriously ill and
elderly individuals, and children. Indeed, the detention of minors itself, whether they
be held with their families or unaccompanied, stands in violation of the UN Convention
of the Rights of the Child, of which Greece is a signatory (see further Amnesty
International, 2012c; CPT, 2009, 2010, 2012; Human Rights Watch, 2011; LauthBacas, 2010; Pro Asyl, 2007, 2012).
More specifically, irregular migrants are usually detained in facilities that are neither
purpose-built (e.g. former military bases and storage facilities, or border guard station
cells designed only for short periods of detention) nor meet basic standards of quality
(Pro Asyl, 2007, 2012). Meanwhile, the rising number of detainees in itself has com-
bined with repeated increases in the legal maximum duration of immigration detention to
far outstrip the official operational capacity of the immigration detention system in
Greece. Snapshot measurements of the population of immigrant detainees in specific
border guard stations and detention centres around the country have shown, for example,that the number of detained persons is typically several times greater than what the sites
in question can properly accommodate (see, for example, FRA, 2011; Pro Asyl, 2007,
2012). Overcrowding is so high that detainees often have to share beds and sleep in
shifts, or otherwise simply use the floor, lying at best on mattresses or sleeping bags
provided by NGOs and at worst on cardboard and blankets. At their most extreme, over-
crowded conditions render sleeping possible only in a sitting position, or force detainees
to lie down next to garbage and in the sewage of toilets (see e.g. Human Rights Watch,
2011; Pro Asyl, 2012). There have also been reports of men, women and unaccompanied
children being held together in the same detention space, but also, conversely, of closefamily members being separated from one another (MSF, 2010a; Pro Asyl, 2007).
Other commonly reported problems include lack of ventilation, limited sanitation,
unsuitable room temperature and poor hygiene. Regarding temperature in cells, it is
often overly cold in the winter on account of problems with the provision of heating (e.g.
limited supply of petrol) and a lack of weather-proofed windows and doors, just as it
tends to be excessively hot in the summer on account of faulty or lacking air condition-
ing. Concerning hygiene, access to functioning latrines has frequently been found to be
severely limited, with dozens or even hundreds of detainees having to share a single
toilet that may also offer no privacy. When there are no latrines in operation, detaineesare driven to urinate in bottles or through the bars outside their cells, and are escorted by
guards to nearby fields where they can defecate. Serious problems have additionally
come to light with regard to access to functioning showers and hot water, whilst provi-
sion of basic material necessities, from clothing, toilet paper, soap and shampoo to tooth-
brushes, toothpaste and towels, is typically extremely deficient (see further CPT, 2009,
2010, 2012; FRA, 2011; Human Rights Watch, 2011; ICJ and ECRE, 2013; Pro Asyl,
2012).
Meals are reportedly eaten inside cells, where no tables or chairs tend to be available.
In the absence of cleaning services, moreover, detainees are themselves responsible for
keeping their cells clean but are given no or insufficient products to this effect, and gar-
bage may be retained in cells until detainees are allowed at the discretion of guards to
dispose of it outside (Pro Asyl, 2012). Finally, there have been reports of dysfunctional
sewage systems, as a result of which urine and faecal matter spread out over the cell
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floor, their smell combining with body and garbage odours to create a suffocating and
deeply unhealthy atmosphere for detainees (but also for guards, at least some of whom
have been found to wear surgical masks as a protective measure; see further FRA, 2011;
Human Rights Watch, 2011).
According to various reports, food provision is usually substandard both in terms ofquality and quantity, and drinking water is often dirty and only available from latrines
and showers (Amnesty International, 2012c; Ios, 9 December 2012; MSF, 2010a; Pro
Asyl, 2007, 2012). Medical provision, meanwhile, has been minimal due to a lack of
specialist staff, medication and proper facilities, and guards may sometimes actively
discourage or otherwise hinder detainees from seeking medical care. Even health screen-
ing of new detainees upon their reception tends to be either insufficient or entirely absent,
and medical NGOs such as Doctors of the World are largely relied upon to fill the gaps.
This is despite the fact that the majority of immigrant detainees in Greece are known to
be suffering from such health problems as respiratory tract infections, diarrhoea, skindiseases or depression, which are linked, directly or indirectly, to the long duration of
their detainment under deplorable conditions (see further CPT, 2009, 2010, 2012; ICJ
and ECRE, 2013; MSF, 2010a, 2010b; Pro Asyl, 2012).5
To a significant extent, detainees are trapped and secluded in those conditions.
Outdoor access has been found to be a rare occurrence in various centres, whilst centre
yards, when they exist at all, tend to be too small and unprotected from harsh weather
conditions. More broadly, communication with the outside world is particularly diffi-
cult for detainees. At times, this is partly because detention centres are geographically
isolated, as in the case of the centre in Fylakio, half an hours drive outside the city ofOrestiada. Geographical matters aside, however, entry into detention centres may be
restricted or otherwise obstructed by the authorities for lawyers and representatives of
NGOs, and basic means of communication, such as card-phones, are regularly unavail-
able for detainees or simply impossible to use (e.g. phones are often not working, and
detainees lack the financial means necessary to purchase cards with which to make
calls). At the same time, detainees are faced with serious difficulties in terms of lodg-
ing asylum applications, ranging from unawareness of pertinent requirements, to ina-
bility to read relevant legal documentation, to a lack of professional translators and
interpreters, to insufficient financial means necessary for hiring a lawyer, to excessivebureaucratic delays and even denial of access to the procedure itself (see further
Human Rights Watch, 2011; Ios, 9 December 2012; MSF, 2010a, 2010b; Pro Asyl,
2007, 2012; SKAI, 4 October 2012).
The plight of immigrant detainees is further exacerbated by the violent treatment to
which members of detention staff may reportedly subject them on a frequent basis. Such
violence can range from racist verbal abuse, to destruction of detainees religious sym-
bols, to aggressive body searches and direct physical assaults (e.g. slaps, punches, kicks,
beatings with clubs). Indeed, assaults by guards are known to have caused serious inju-
ries, at times so serious that victims were in need of hospitalisation. In the absence of a
credible complaints procedure and an adequately resourced and independent inspector-
ate, staff violence appears to be treated with impunity, hence it has even taken place in
front of witnesses such as NGO workers (see further Amnesty International, 2012c;
FRA, 2011; Human Rights Watch, 2011; MSF, 2010a; Pro Asyl, 2007, 2012; SKAI, 4
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Cheliotis 733
October 2012). There have also been allegations of sexual harassment of detainees by
guards, and revelations of severe ill treatment amounting to torture, which may also go
unpunished, at least by domestic authorities. In the most well known case, a guard aided
by colleagues raped a male Turkish detainee with a truncheon, and the victim was subse-
quently denied access to medical care. An internal administrative inquiry found no guilt,based on evidence that had been blatantly falsified, and when the case eventually reached
the national courts, the prison sentences imposed in the first instance upon the perpetra-
tor and some of his accomplices became suspended sentences and were commuted to
fines at the appeal stage (see further ECtHR, 2012; also Pro Asyl, 2012).
It comes as no surprise that detainees frequently describe the conditions of their
detention by using terms such as grave and even hell, going so far as to draw unfa-
vourable comparisons with previous experiences of warzones that they may have had
and managed to escape (see e.g. Human Rights Watch, 2011; Pro Asyl, 2012). Indeed,
these conditions of detention are conducive not only to health problems, as mentionedearlier, but also to violent tensions amongst detainees themselves. Fights, for instance,
are quick to erupt over access to sleeping space or the toilet, and such instances are also
known to have triggered indiscriminate physical violence against detainees on the part of
guards in order to discipline them (see e.g. Human Rights Watch, 2011; Pro Asyl, 2012).
Additionally, lengthy periods of detention under deplorable conditions commonly drive
detainees to engage in various forms of protest, some of which ironically entail direct
infliction of further pain upon detainees own bodies, and may equally be met with vio-
lent reactions by the authorities in charge.
Long and exhaustive hunger strikes, for example, are highly prevalent in detentioncentres throughout Greece, with some detainees even stitching their lips together. As
recently as April 2013, around 1,800 detainees went on hunger strike in all detention
facilities around the country, protesting against the length and conditions of their deten-
tion (Eleftherotypia, 9 April 2013; To Vima, 8 April 2013). As with periods of relative
normality, moreover, self-harm and suicide attempts are likely to occur during times of
protest (see further MSF, 2010a; Pro Asyl, 2012; To Vima, 7 April 2013). There have been
reports of staff employing violence in response to detainee protests, but also of the riot
police being called in and intervening aggressively (to suppress violence by protestors,
according to controversial claims by the riot police themselves), including using watercannon, tear gas and stun grenades, and making arrests that eventually resulted in deten-
tion in conventional prisons (see further Eleftherotypia, 11 April 2013; Human Rights
Watch, 2011;Ios, 9 December 2012; Pro Asyl, 2012; To Vima, 23 November 2012).
Criticisms of the Greek state
A number of domestic actors, from humanitarian NGOs to political parties and media
outlets on the left of the political spectrum, have expressed urgent concerns about the
excessive use and deplorable conditions of immigration detention in Greece, contesting
the state discourse of philoxenia with such suggestive expressions as barbarism, con-
centration camps and Greek Guantanamo (see e.g.Eleftherotypia, 9 April 2013;Ios, 9
December 2012;Rizospastis, 12 April 2013). On the international level, too, Greece has
regularly been subject to harsh criticism, not just by inspectorate bodies, NGOs and other
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734 European Journal of Criminology 10(6)
activist groups, but also politicians from various political parties, some of whom have
themselves participated in inspection visits to Greek immigration detention centres.
For example, following a series of visits to Greek immigration detention centres in
her capacity as a member of a delegation of the Council of Europe, German leftist
parliamentarian Annette Groth said that the situation [in Greece] resembles nothinglike the human rights we talk about in Europe, this policy of mass detention in deplor-
able conditions of all incoming migrants and refugees. For the latter, it is equivalent to
denying them the right to asylum any longer (IPS, 17 March 2013). Groth has also
argued that the term detention centre is a euphemism in the Greek context, and that
what are called in Greece detention centres are, in fact, conventional prisons (To Vima,
23 January 2013). John Dalhuisen, Amnesty Internationals Director for Europe and
Central Asia, has similarly described irregular migrants treatment in Greece, includ-
ing the conditions of their administrative detention, as being embarrassingly un-Euro-
pean, totally unworthy of the Nobel Peace Prize-winning European Union, and so farbelow international human rights standards as to make a mockery of them (Amnesty
International, 2012b).
In an accumulating number of cases, meanwhile, the European Court of Human
Rights has ordered Greece to pay damages to irregular migrants who had been held in
administrative detention in the country under inhumane and degrading conditions, in
contravention of international human rights treaties of which Greece is a signatory. In
January 2011, moreover, the Court issued the more general ruling that detention prac-
tices in Greece violated Article 3 of the European Convention of Human Rights, which
prohibits torture and inhuman and degrading treatment, and ordered that other EUmember states cease transferring migrants to Greece under the Dublin-II agreement, or
else they would be knowingly exposing them to conditions of detention that amount to
degrading treatment, thus violating their own international obligations (see further
Human Rights Watch, 2011; Pro Asyl, 2012). For commentators such as British
Conservative Member of the European Parliament Timothy Kirkhope, however, Europe
should adopt an even more punitive stance towards Greece. If the UK or France had
such inadequate systems and poor asylum conditions as Greece, Kirkhope has argued,
then I have no doubt the Commission would come down on us like a ton of bricks
(Daily Express, 22 December 2011).Neither domestic and international criticism, nor judicial intervention and calls for
more punitive action against Greece at the European level, have so far succeeded in
bringing about fundamental changes in the use and conditions of administrative deten-
tion in the country. A number of reports have come to light over the years, including
notably an exceptional public statement by the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in March 2011,
emphasising the continuing failure of the Greek state to follow pertinent recommenda-
tions and improve the situation (CPT, 2011; see also CPT, 2012; Financial Times, 15
March 2011; Pro Asyl, 2012; To Vima, 10 April 2013). As recently as January 2013,
Vladimir Tochilovsky, member of the United Nations Working Group on Arbitrary
Detention that had just concluded a fact-finding mission in Greece, told a press confer-
ence that the Greek state had made some progress in terms of legislative provisions (e.g.
setting safeguards for the fair and efficient examination of applications for asylum). But
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Cheliotis 735
then, Tochilovsky swiftly added, you take off your 3D glasses and find yourself in a
different world, where any positive legislative amendments are practically ignored,
administrative detention conditions may be worse than those found in conventional pris-
ons, and human rights violations continue unabated (Associated Press, 31 January 2013;
IPS, 17 March 2013; see also UNHCHR, 31 January 2013).
The Greek states reactions to criticisms
Overall, and irrespective of the political party in government, the Greek state has reacted
to domestic and international pressures by employing an array of rhetorical defence
mechanisms, some of which substantively contradict one another.6
In their direct official responses to CPT reports, for example, Greek state authorities
have essentially denied critical findings by stating that unaccompanied children are sys-
tematically detained separately from adults (yet with the important proviso of spaceavailability); that immigrant detainees are given unrestricted access to functioning toilets
and showers, as well as to hot water; that they are regularly provided with sufficient food
and hygiene products (even though partly thanks to contributions by NGOs); and that
they do have available to them legal aid and medical services (if again in part through
NGOs). Greek state authorities have additionally tried to absolve themselves of respon-
sibility for any recurrent or remaining problems by pointing to the excessively high num-
bers of detainees and the high ratio of detainees to staff, which allegedly render the
situation inside detention centres particularly difficult to manage, although it is empha-
sised that formidable and enormous efforts are made to this effect (see furtherGovernment of Greece, 2012). The Greek state has also blamed poor detention condi-
tions on detainees themselves and their protests, for instance by claiming that [t]he
detained, in their effort to blackmail their immediate release, destroy the [hygienic]
installations, break the fountains, stuff the drainages with towels, shoes, etc., the result of
which is the dirty water to flow in the toilets and the other spaces (Government of
Greece, 2012: 9; see further Cheliotis, in progress).
Albeit without necessarily addressing critics in a direct manner, Greek state authori-
ties have defended their immigration detention policies and practices through various
other rhetorical techniques. Much relevant material can be drawn from a televised inter-view with the current Minister of Public Order and Citizen Protection, Nikos Dendias,
which took place at the detention centre of Amygdaleza in late 2012.7During the inter-
view, for example, Dendias explained in no uncertain terms that administrative detention
pending deportation forms part of a wider strategy of deterrence that seeks to make
Greece an unfriendly destination for those considering entering or staying in the coun-
try without papers. The minister elaborated this point by drawing a comparison between
human trafficking and the tourist industry, a comparison in which he gave Greece any-
thing but its familiar role of the archetypically philoxenous country. The ministers dia-
logue with his interviewer is revealing:
Minister: The trafficker is, quote, unquote, like a tourist office. He has to persuade the
client[.] [] If it is known that Greece is a country that is not at all easy to enter,
where if at any rate you enter, the most likely outcome is that they will arrest you
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736 European Journal of Criminology 10(6)
and put you in a centre, and you will stay there until you go back, then there will
be no clientele for Greece. The trafficker, then, may want to sell his product, but
there will be no public to sell it to.
Interviewer: Lets hope so, given that at least over the last decade, [Greece] was for tourist
offices, as you mean them, the best destination. [] The Seychelles of illegal
immigration.
Minister: Its exactly as you put it.
(SKAI, 4 October 2012)
As with the very fact of administrative detention, Minister Dendias also attributed a
deterrent potential to the specific conditions under which irregular migrants are held in
Greece. An immigration detention centre, he stated, is not a space where one can have a
party, or a hotel. Conditions in Greek immigration detention centres, he went on tosay, stand at the lowest acceptable civilised minimum, as they, too, may contribute to
the goal of discouraging illegal immigration by sending a message that the country is
unfriendly to it. Indeed, Dendias suggested, the deterrent effect of administrative deten-
tion as such is inversely proportional to the particular quality of detention conditions
(SKAI, 4 October 2012).
In the same interview, the minister made the further assertion that Greece respects
and observes the standards set by the European Union. This assertion not only indirectly
denied the mass of independent reports attesting to the contrary. Nor did the ministers
assertion simply imply that conditions in Greek immigration detention centres are asgood as or no worse than elsewhere in the continent. It also paved the way to the claim
that responsibility for at least some of the centres most controversial aspects (e.g. the
use of containers to house detainees) rests beyond the Greek state itself (SKAI, 4 October
2012). Similarly, the very reliance on immigration detention pending deportation was
described by the minister as an unavoidable choice according to international experi-
ence, as the internationally accepted and sole mechanism of confronting migratory
flows. This was despite the fact that many different domestic and foreign groups and
organisations, including formal European authorities, have long been calling upon the
Greek state seriously to consider alternatives to administrative detention of migrants,
especially for vulnerable groups such as unaccompanied children and pregnant women
(see e.g. Amnesty International, 2010; ICJ and ECRE, 2013; Pro Asyl, 2012; UNHCHR,
31 January 2013).
Greek state authorities have also evoked financial difficulties in an effort to explain
away responsibility for the conditions in immigration detention centres across the coun-
try, particularly since the financial crisis hit Greece in 2009 (Cheliotis, in progress).
Although here it is recognised, at least implicitly, that action should be taken to improve
conditions of detention, Greeces failure to take such action has, in fact, been due to how
funding is administered, much more so than a matter of limited financial resources. To
take one example relating to the administration of domestic funding, in 2011, two yearsinto the financial crisis, the Greek state chose to pay 1.38 million towards the renova-
tion and conversion into a museum of the Nebojsa Tower in Belgrade, in order to honour
a hero of the struggle for Greek independence who was imprisoned and put to death there
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Cheliotis 737
in 1798 by Ottoman Turkish authorities (Athens News, 28 April 2011). That sum was
close to one-third of the total annual funds the Greek state allocated at the time to the
operation of detention and reception centres for irregular migrants (e.g. to cover costs
relating to food, medication, hygiene, clothing and transportation). It would also have
been singly sufficient to support for a year the running of detention and reception centresin at least nine out of the twelve prefectures of the country involved (see furtherEpikaira,
3 February 2011).
Greece has additionally had access to substantial EU funding for immigration and
asylum management, at least some of which could have been used to ease pressures on
immigration detention centres (e.g. through supporting NGOs that operate shelters for
asylum seekers). Yet the Greek state has long made particularly limited use of such fund-
ing possibilities (UNHCHR, 3 December 2012), not to mention that it has typically also
failed to explore cost-effective alternatives (e.g. using empty hospitals to house vulner-
able irregular migrants; see e.g. FRA, 2011). In 2012, EU funding was made availablespecifically for supporting infrastructure projects (i.e. renovation, refurbishment or con-
struction of facilities) and running costs relating to detention centres, so as to help mem-
ber states improve the reception conditions in detention facilities (IPS, 17 March 2013).
To what extent, and in what ways, these funds will be utilised by the Greek state may be
somewhat early to judge, yet the first signs are far from encouraging. At the same time
that independent reports about persistently substandard detention conditions keep being
published, Greek authorities appear to have given priority to the expansion, through
construction work, of the number of centres around the country, which cannot in itself
suffice to guarantee better conditions of detention. Indeed, insofar as their official clas-sification might provide an indication of what new centres will be like on the ground, it
is important to note that the majority of them have clearly been referred to in government
documentation as places of detention rather than reception (ICJ and ECRE, 2013),
although there is no plan in sight to drop the term philoxenia from the formal name of
centres categorised as detention sites.
At least as far as the new reception centres are concerned, Minister Dendias has stated
that those to be located on the islands of Samos and Chios (in spaces that have been used
before for holding irregular migrants) are in the process of being perfected (SKAI, 4
October 2012), whilst the centre scheduled to operate in Orestiada will be the mostmodern in the whole of Europe (Proto Thema, 12 April 2013). It is not clear, however,
how the concepts of perfect and modern will be interpreted and applied in practice,
and whether they will be treated as loosely and perversely as the notion of philoxenia has
been treated to date. Nor, equally, can one be sure that Greek authorities will objectively
evaluate detention conditions according to commonly accepted European understand-
ings and standards, or that they will allow themselves to perceive and engage with pos-
sible external criticism on its own terms and merits.
As well as repudiating condemnations as such, the Greek state is also known to have
denied negative assessment by twisting it into approval. In late 2012, Greece submitted
an official report to the Secretariat of the Committee of Ministers of the Council of
Europe regarding the living conditions of illegal migrants [o]n the border of Evros and
in Athens, where it was stated that the detention centre in Amygdaleza had recently been
found by the UN High Commission for Refugees (UNHCR) to be exemplary as regards
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738 European Journal of Criminology 10(6)
accommodation and security. Yet as the International Commission of Jurists and the
European Council on Refugees and Exiles stressed in a subsequent joint report of their
own, in reality, the UNHCR has expressed reservations regarding the centre. UNHCRs
only positive assessment of the centre was that it was in better condition than others in
Greece, a comparative estimate that does not qualify as exemplary (ICJ and ECRE,2013: 8).
What lies behind the veil of philoxenia?
To date, the Greek state has essentially rebutted or otherwise circumvented domestic and
international pressures to effectuate substantive progressive changes to its treatment of
immigrants. In so doing, Greek state authorities have deployed a range of dubious rhe-
torical defences against criticism, the most blatant being the evocation of philoxenia as
an innate and constant trait common to all Greeks. But to show, as this article has doneso far, that immigrants in general and irregular migrants in particular are hardly accorded
philoxenia in Greece today is by no means to imply a call for restoring philoxenia in the
country. Such a call would at best be superficial, and at worst play into the hands of those
whose policies practically deny philoxenia even as they lay claim to it rhetorically. The
philoxenia deficit, if the term can be used at all, is not merely a matter of exclusion or
insufficient inclusion of immigrants. It is ultimately a matter of domination, given that
immigrants exclusion, and indeed certain forms of their inclusion, have long served to
reproduce asymmetrical relations of power in the Greek context.
In this account, the discourse of philoxenia is an ideological veil that supports the repro-duction of power imbalances, whether by denying them altogether on the deterministic
premise that unconditional openness is the only attitude Greeks are naturally inclined to
adopt towards outsiders, or by helping to legitimate injustices against immigrants through
connoting the established superiority of the host community and the inherently condi-
tional nature of its hospitality to newcomers. As Derrida argues, conceptions of hospital-
ity that do not necessarily or fully extend to uninvited strangers are essentially marks of
sovereignty (see further Borradori, 2003; also Cheliotis, 2010; Herzfeld, 1992; Rozakou,
2012). Minister Dendias himself brought this point home during the interview he gave at
the detention centre of Amygdaleza in 2012, when he defended the choice of naming thethen newly launched police operation to capture irregular migrants around Greece so as
to deport them after the ancient Greek god of hospitality:
The country, the society, reserves to itself the right to host those whom it wishes itself to host.
This is the semiology of the name [Xenios Zeus]. We do not have the obligation to host
whomever judges that they wish to cross the borders clandestinely. [] We are an organised
society, we want to show everyone that we are not a fenceless vineyard, that not everyone who
crosses our borders has the right to stay here; its not like that, it can no longer be like that.
(SKAI, 4 October 2012)
And yet, although the conditions under which irregular migrants find themselves in
Greece, be it in society at large or inside detention centres, are anything but philoxenous
in the conventional sense of the word, the Greek state has practically shown much less
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Cheliotis 739
determination to reduce the number of irregular migrants in the country than Minister
Dendias statement suggests. In fact, whether by commission or omission, the Greek
state appears to have played a key role in the maintenance of what it portrays, more often
than not in apocalyptic terms, as the excessive size of the irregular migrant population in
the country.The long barbed-wire fence in the region of Evros, for example, was constructed with
a delay inversely proportional to the urgency ascribed to it in dominant political dis-
course as a means of preventing irregular immigration into Greece from her mainland
borders with Turkey. Stringent policies and infamously protracted bureaucratic proce-
dures, meanwhile, have long limited the chances of regularisation for those entering
Greece, as attested by the stubbornly low rates of refugee recognition and the vast num-
bers of migrants facing difficulties in acquiring or renewing stay permits for work pur-
poses (Cabot, 2012; Xenakis, 2011). The case of policing is not dissimilar: whilst no
substantial changes appear to have occurred in recent years in the size of the irregularmigrant population resident in Greece (Maroukis, 2012a, 2012b), the annual volume of
apprehensions of irregular migrants in the country nearly halved between 2008 and 2012
(see further Cheliotis, in progress). To top it all off, the legal maximum duration of immi-
gration detention has undergone repeated extensions since 2009, at the same time that a
significant overall downward trend has been recorded in the volume of deportations
actually carried out (although this is to some extent due to a lack of cooperation on the
part of Turkey in terms of readmitting irregular migrants of Asian and African descent;
see further Triandafyllidou and Ambrosini, 2011).
Given, on one hand, that Greece has been subject to international criticism for its con-tinuing failure to curb irregular migration and its inefficient asylum system, and, on the
other hand, that irregular migrants themselves have reportedly grown increasingly willing
to leave Greece, it is a paradox of no small proportion that the Greek state has largely
subverted or otherwise thwarted its very own proclamations about the need to constrain
the number of irregular migrants in the country. In the last analysis, the reproduction of
power imbalances that is achieved in Greece through policies and practices disguised
behind the veil of philoxenia needs to be understood primarily as a process of deliberate
if qualified inclusion, rather than a question of designed but often failed exclusion (for
similar arguments, see Bigo, 2002; Calavita, 2005; De Giorgi, 2010; Melossi, 2003).Since the late 1980s, for instance, the irregular or precarious legal status of large
swathes of migrants, their poverty and the limited social rights meted out to them have
combined with the looming prospect of imprisonment, and increasingly of administra-
tive detention, to render them exploitable in the Greek labour market (see further
Cheliotis and Xenakis, 2010). Indeed, the fact that standards of living inside prisons and
immigration detention centres in Greece have been kept so low has functioned to threaten
the most marginalised fractions of the population into accepting any available condition
of work in the free community, in accordance with what has come to be known in perti-
nent Anglophone literature as the less eligibility principle, arguably much more so than
to deter irregular migration into the country (Cheliotis, in progress).8
More recently, and especially since the financial crisis hit Greece in 2009, the widely
publicised intensification in the use of penal and particularly administrative detention
against migrants has been deployed by governing parties as a convenient cathartic remedy
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740 European Journal of Criminology 10(6)
for a range of discontents amongst the Greek public, from heightened socio-economic
anxieties, to increased anger with political elites, to a spreading sense of national humili-
ation before foreign audiences (Cheliotis and Xenakis, 2010, 2011; Xenakis and Cheliotis,
2013b). In this case, the notoriously harsh conditions of conventional imprisonment and
immigration detention may be said to have helped unconsciously alleviate the pains ofdownward mobility and falling living standards for the average Greek citizen, providing
him or her with reassurance that they continue to enjoy material advantages over those on
the margins of society (and over some foreign population at that). The point here is not so
much that immigrants are detained under conditions that remain inferior to those found in
free society, as the principle of less eligibility stipulates, but rather that free society itself
tends to interpret the substandard conditions of imprisonment and immigration detention
in terms of personal and in-group superiority as a form of more eligibility, as it were
(see further Cheliotis, in progress).
One should nevertheless take care not to conclude that responsibility for the ways inwhich immigrants are treated on Greek soil resides exclusively within Greece itself, or
even that the case of Greece has no parallels elsewhere in Europe, although neither of
these caveats could provide a plausible excuse for immigrants plight at the hands of the
Greek state. The European Commission, for example, has offered both rhetorical and
financial support to Greek state authorities in order for them to strengthen the policing of
national borders and territory as an imperative for the protection of immigrants human
rights (IPS, 17 March 2013; see also Human Rights Watch, 2011; Pro Asyl, 2012), whilst
Italy has continued summarily to return unaccompanied migrant children and adult asy-
lum seekers to Greece in violation of international law, thereby adding further pressureto an already overcrowded system (Human Rights Watch, 2013b).
At the same time, other EU member states have not been immune to the cruel repres-
sive policies and practices adopted against immigrants in Greece, and one can also find
occasions where the notion of hospitality is similarly perverted by Greeces European
counterparts so as to justify their own treatment of immigrants and consolidate underly-
ing power hierarchies (see further Borradori, 2003; Hall, 2012). That Greece has been
particularly likely to face international disapprobation is no doubt reflective of the excep-
tional degree to which the country has fallen below, and has even challenged, the very
standards of all-inclusive philoxenia she purports to archetypically embody. Arguably,however, the likelihood of disapprobation would not be as strong were it not for Greeces
own marginal political position within Europe (see further Herzfeld, 1992).
This brings us full circle back to the social functionality and consequent political
expediency of the discourse of philoxenia as applied to the treatment of immigrants and
especially immigration detention in contemporary Greece. The countrys peripheral role
in the international arena and the adverse conditions that go along with it a compara-
tively weak domestic economy, an increased propensity of national governments to
accept relations of economic dependency vis--vis external powers, a heightened sensi-
tivity to criticism from abroad, and the greater likelihood of foreign disapprobation in
itself raise the susceptibility of the Greek public to self-flattering discourses, and even
more so when such discourses can additionally licence exploitation of weaker others as
labourers and authorise activities against them through which to act out aggravated anxi-
eties, angers and complexes amidst conditions of financial crisis (see further Cheliotis, in
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Cheliotis 741
progress; Herzfeld, 1992). This helps to explain the apparent paradox that the Greek state
persists in employing a discourse that is so openly at odds with reality in the eyes of
external observers as to risk, indeed invite, their criticism afresh.
Acknowledgements
For their helpful comments on earlier versions of this article, thanks are due to Lena Karamanidou,
Nicky Padfield and Sappho Xenakis.
Funding
This research received no specific grant from any funding agency in the public, commercial, or
not-for-profit sectors.
Notes
1. Information on the ways in which states react to external pressures for reform of their conven-
tional prison systems can be found, amongst others, in Cassesse (1996), Evans and Morgan
(1998) and Morgan and Evans (1999).
2. The scope of the Ministrys operations may thus be reflected more accurately in the Ministrys
name itself, at least insofar as the latter implies that ministerial provision of protection extends
only to those already granted citizenship, to the exclusion of non-citizens such as asylum
seekers and irregular migrants.
3. As such, the use of imprisonment in Greece has risen dramatically over the last three decades
or so (Cheliotis, 2011), and has been exacerbated further since the onset of the financial crisis
in 2009 (Aebi and Delgrande, 2012).
4. Due to space restrictions, the focus in this section is specifically on border guard stations
and detention centres, although similar conditions are found in all other sites where irregular
migrants may be detained in Greece, including very often in conventional prisons (on which
see Cheliotis, 2012). Detention conditions in the police station on the coast of Igoumenitsa
in north-western Greece are, in fact, known to have been so deplorable that a local court, in
an unprecedented and as yet unrepeated decision it reached in October 2012, cited them as
reasons justifying the escape of 15 irregular migrants from police detention earlier in that year
(see further Cheliotis, in progress).5. In the general population of Greece, meanwhile, there is an oversupply of medical specialists,
dentists and pharmacists (indeed, an oversupply that is impressive by European standards)
(Davaki and Mossialos, 2006).
6. Omitted here for reasons of space is a specific analysis of the different ways in which the
Greek state has reacted to domestic and international criticisms, respectively (see further
Cheliotis, in progress).
7. Dendias statements were largely similar to those of his immediate predecessors, reflecting
a high and rising degree of consensus amongst the two political parties that have dominated
government in Greece over the decades following the fall of the military dictatorship in1974, and which, in fact, currently share power in a coalition government: centre-right New
Democracy and centre-left PASOK. Dendias himself is a member of New Democracy, and
has been one of the most secure ministers of the coalition government (see further Cheliotis,
in progress; also Xenakis and Cheliotis, 2013b). For a broader analysis of political discourse
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742 European Journal of Criminology 10(6)
on immigration and its control in contemporary Greece, including a cross-party comparison,
see Karamanidou (under review).
8. On the less eligibility principle, see further De Giorgi (2010).
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